The Court of Appeal has dealt a major blow to an organisation, upholding the award of more than KSh4.7 million to a former employee who was dismissed while on sick leave.

🇰🇪 Breaking It Down

In a judgment delivered on June 12, 2026, Justices W. Korir, L.M. Ndolo, and Ahmed Issack dismissed the company's appeal and affirmed an earlier decision by the Employment and Labour Relations Court in favour of former salesman Hudson Kidaha Kisigwa.

Kisigwa, who had worked for the company for nearly five years, was dismissed in May 2010 after being hospitalised and placed on sick leave.

He told the court that while recovering from illness, he was accused of financial impropriety, terminated without being heard, and later learned of his dismissal through a newspaper notice.

📌 What You Need to Know

Kisigwa further argued that, in addition to the unfair termination, the company failed to pay commissions he had earned during his years of service.

The organisation defended its actions, claiming the employee failed to return to work after his sick leave ended and could not account for money allegedly collected from customers. The company insisted these allegations justified his dismissal.

However, the courts found otherwise, ruling that the dismissal was unfair and unlawful. The Court of Appeal agreed with the lower court's findings, effectively securing Kisigwa's compensation of more than Ksh4.7 million.

"The respondent's dismissal was effected without decorum, in a manner inconsistent with the dignity owed to an employee," the judges said.

The judges noted that the employer made no meaningful effort to contact Kisigiwa after his sick leave ended, did not issue a show-cause letter or invite him to a disciplinary hearing before terminating his employment.

"An employer invoking desertion as a defence to a claim of unlawful termination must demonstrate tangible efforts to reach out to the employee," the court stated.

📰 Source: Kenyans.co.ke